| (A) The management of wastes resulting from oil refining
operations, including spent caustics, spent catalysts, still bottoms
or tars, and American Petroleum Institute (API) separator sludges,
is subject to the jurisdiction of the TCEQ. The processing of light
ends from the distillation and cracking of crude oil or crude oil
products is considered to be a refining operation. The term "refining"
does not include the processing of natural gas or natural gas liquids.
(B) The RRC has jurisdiction over refining activities
for the conservation and the prevention of waste of crude oil. The
RRC requires that all crude oil streams into or out of a refinery
be reported for accounting purposes. In addition, the RRC requires
that materials recycled and used as a fuel, such as still bottoms
or waste crude oil, be reported.
(9) Natural gas or natural gas liquids processing plants
(including gas fractionation facilities) and pressure maintenance
or repressurizing plants. Wastes resulting from activities associated
with these facilities include produced water, cooling tower water,
sulfur bead, sulfides, spent caustics, sweetening agents, spent catalyst,
waste hydrocarbons (including used oil), asbestos insulation, wastes
contaminated with PCBs (including transformers, capacitors, ballasts,
and soils), treating and cleaning chemicals, filters, trash, domestic
sewage, and dehydration materials. These wastes are subject to the
jurisdiction of the RRC under Texas Natural Resources Code, §1.101.
Disposal of waste from activities associated with natural gas or natural
gas liquids processing plants (including gas fractionation facilities),
and pressure maintenance or repressurizing plants by injection is
subject to the jurisdiction of the RRC under Texas Water Code, Chapter
27. However, until delegation of authority under RCRA to the RRC,
the TCEQ shall have jurisdiction over wastes resulting from these
activities that are not exempt from federal hazardous waste regulation
under RCRA and that are considered hazardous under applicable federal
rules.
(10) Manufacturing processes.
(A) Wastes that result from the use of natural gas,
natural gas liquids, or products refined from crude oil in any manufacturing
process, such as the production of petrochemicals or plastics, or
from the manufacture of carbon black, are industrial wastes subject
to the jurisdiction of the TCEQ. The term "manufacturing process"
does not include the processing (including fractionation) of natural
gas or natural gas liquids at natural gas or natural gas liquids processing
plants.
(B) The RRC has jurisdiction under Texas Natural Resources
Code, Chapter 87, to regulate the use of natural gas in the production
of carbon black.
(C) Biofuels. The TCEQ has jurisdiction over wastes
associated with the manufacturing of biofuels and biodiesel. TCEQ
Regulatory Guidance Document RG-462 contains additional information
regarding biodiesel manufacturing in the state of Texas.
(11) Commercial service company facilities and training
facilities.
(A) The TCEQ has jurisdiction over wastes generated
at facilities, other than actual exploration, development, or production
sites (field sites), where oil and gas industry workers are trained.
In addition, the TCEQ has jurisdiction over wastes generated at facilities
where materials, processes, and equipment associated with oil and
gas industry operations are researched, developed, designed, and manufactured.
However, wastes generated from tests of materials, processes, and
equipment at field sites are under the jurisdiction of the RRC.
(B) The TCEQ also has jurisdiction over waste generated
at commercial service company facilities operated by persons providing
equipment, materials, or services (such as drilling and work over
rig rental and tank rental; equipment repair; drilling fluid supply;
and acidizing, fracturing, and cementing services) to the oil and
gas industry. These wastes include the following wastes when they
are generated at commercial service company facilities: empty sacks,
containers, and drums; drum, tank, and truck rinsate; sandblast media;
painting wastes; spent solvents; spilled chemicals; waste motor oil;
and unused fracturing and acidizing fluids.
(C) The term "commercial service company facility"
does not include a station facility such as a warehouse, pipeyard,
or equipment storage facility belonging to an oil and gas operator
and used solely for the support of that operator's own activities
associated with the exploration, development, or production activities.
(D) Notwithstanding subparagraphs (A) - (C) of this
paragraph, the RRC has jurisdiction over disposal of oil and gas wastes,
such as waste drilling fluids and NORM-contaminated pipe scale, in
volumes greater than the incidental volumes usually received at such
facilities, that are managed at commercial service company facilities.
(E) The RRC also has jurisdiction over wastes such
as vacuum truck rinsate and tank rinsate generated at facilities operated
by oil and gas waste haulers permitted by the RRC pursuant to §3.8(f)
of this title (relating to Water Protection).
(12) Mobile offshore drilling units (MODUs). MODUs
are vessels capable of engaging in drilling operations for exploring
or exploiting subsea oil, gas, or mineral resources.
(A) The RRC and, where applicable, the EPA, the U.S.
Coast Guard, or the Texas General Land Office (GLO), have jurisdiction
over discharges from an MODU when the unit is being used in connection
with activities associated with the exploration, development, or production
of oil or gas or geothermal resources, except that upon delegation
to the TCEQ of NPDES authority for discharges into surface water in
the state of produced water, hydrostatic test water, and gas plant
effluent resulting from the activities described in Texas Water Code, §26.131(a),
the TCEQ shall assume RRC's authority under this subsection.
(B) The TCEQ and, where applicable, the EPA, the U.S.
Coast Guard, or the GLO, have jurisdiction over discharges from an
MODU when the unit is being serviced at a maintenance facility.
(C) Where applicable, the EPA, the U.S. Coast Guard,
or the GLO has jurisdiction over discharges from an MODU during transportation
from shore to exploration, development or production site, transportation
between sites, and transportation to a maintenance facility.
(e) Interagency activities.
(1) Recycling and pollution prevention.
(A) The TCEQ and the RRC encourage generators to eliminate
pollution at the source and recycle whenever possible to avoid disposal
of wastes. Questions regarding source reduction and recycling may
be directed to the TCEQ External Relations Division, or to the RRC.
The TCEQ may require generators to explore source reduction and recycling
alternatives prior to authorizing disposal of any waste under the
jurisdiction of the RRC at a facility regulated by the TCEQ; similarly,
the RRC may explore source reduction and recycling alternatives prior
to authorizing disposal of any waste under the jurisdiction of the
TCEQ at a facility regulated by the RRC.
(B) The TCEQ External Relations Division and the RRC
will coordinate as necessary to maintain a working relationship to
enhance the efforts to share information and use resources more efficiently.
The TCEQ External Relations Division will make the proper TCEQ personnel
aware of the services offered by the RRC, share information with the
RRC to maximize services to oil and gas operators, and advise oil
and gas operators of RRC services. The RRC will make the proper RRC
personnel aware of the services offered by the TCEQ External Relations
Division, share information with the TCEQ External Relations Division
to maximize services to industrial operators, and advise industrial
operators of the TCEQ External Relations Division services.
(2) Treatment of wastes under RRC jurisdiction at facilities
authorized by the TCEQ under 30 TAC Chapter 334, Subchapter K, (relating
to Storage, Treatment, and Reuse Procedures for Petroleum-Substance
Contaminated Soil).
(A) Soils contaminated with constituents that are physically
and chemically similar to those normally found in soils at leaking
underground petroleum storage tanks from generators under the jurisdiction
of the RRC are eligible for treatment at TCEQ regulated soil treatment
facilities once alternatives for recycling and source reduction have
been explored. For the purpose of this provision, soils containing
petroleum substance(s) as defined in 30 TAC §334.481 (relating
to Definitions) are considered to be similar, but drilling muds, acids,
or other chemicals used in oil and gas activities are not considered
similar. Generators under the jurisdiction of the RRC must meet the
same requirements as generators under the jurisdiction of the TCEQ
when sending their petroleum contaminated soils to soil treatment
facilities under TCEQ jurisdiction. Those requirements are in 30 TAC §334.496
(relating to Shipping Procedures Applicable to Generators of Petroleum-Substance
Waste), except subsection (c) which is not applicable, and 30 TAC §334.497
(relating to Recordkeeping and Reporting Procedures Applicable to
Generators). RRC generators with questions on these requirements should
contact the Cont'd... |
